Joshua Michael Johnston jailed for arson of Berserker units

Seven people lost their homes and belongings, with one losing consciousness and having to be rescued by a heroic police officer, after an offender torched their unit block.

Seven people lost their homes and belongings, with one losing consciousness and having to be rescued by a heroic police officer, after a drug user torched their unit block in an act of romantic revenge.

Joshua Michael Johnston had left the Elphinstone Street, Berserker, unit block after an incident with his partner on April 17, 2022, and later returned to set fire to a box of her belongings in the unit they shared with another couple, Rockhampton District Court heard.

Crown prosecutor Luke Smoothy said Johnston left, but his housemates saw the fire, extinguished it, grabbed their belongings and left.

However, the housemates ran into Johnston, 31, nearby and he asked if the unit was okay.

They told him it was so he returned and lit another fire inside the unit.

Joshua Michael Johnston

Mr Smoothy said one of the occupants of the four units entered their home after the fire started to retrieve some belongings, but was “overcome by the smoke and heat” and lost consciousness.

“Until police and fire trucks came, people used hoses to keep the fire at bay,” he said.

“But then it became quickly engulfed.

“Police quite heroically went inside and carried the unconscious man to safety.

“The defendant’s unit was completely destroyed and the other units were damaged and inhabitable.

“And it wasn’t insured.”

A man charged with arson following a fire at an Elphinstone Street unit complex in Rockhampton. Picture: Aden Stokes

Mr Smoothy said a report provided to the court stated Johnston self-reported consuming alcohol daily.

He told the court it seemed this offending was sparked by a breakdown in Johnston’s relationship with his partner.

Judge Jeff Clarke said this was an “incredibly selfish, potentially dangerous and thoroughly stupid act”.

Mr Smoothy said the owner had been quoted $955,000 to demolish and rebuild the four unit complex where tenants, prior to the fire, paid $200 per week per unit.

Defence barrister Sheridan Shaw said Johnston required speech therapy early in life and attended Rockhampton’s special school.

She said he started using marijuana when he was 15.

“Drugs are a problem for him,” Ms Shaw said.

She said Johnston had hepatitis C, diagnosed in 2019, from sharing needles used to inject methamphetamines.

The court heard Johnston was on a suspended sentence and probation at the time of the fire.

Johnston pleaded guilty in the District Court on June 20 to one count of arson (building) – domestic violence offence.

Judge Clarke sentenced him to 4.5 years prison, activated the suspended sentence of six months prison handed to him in Rockhampton Magistrates Court in March 2022, declared 429 days presentence custody as time served and set his parole eligibility for October 17, 2023.

Johnston then pleaded guilty in Rockhampton Magistrates Court on June 21 to four counts of wilful damage in relation to the arson for destroying the belongings of other occupants.

For the Magistrates Court matters, he was sentenced to six months’ prison, which was concurrent. His parole eligibility remained the same.